Legal Opinion

Eldred v. Hazlett's Administrator

Supreme Court of Pennsylvania

Decided July 1, 1858PublishedCited by 10 opinions

Error to the District Court of Allegheny pounty. This was a judgment, in the penal sum of $16,000, entered on a bond and warrant of attorney in favour of M. Eldred, Jr., against Dr. Robert Hazlett, on the 26th June 1852. The following is a copy of the bond, &e.:— “ Know all men by these presents, that I, Robert Hazlett, M. D., of the city of Pittsburgh, state of Pennsylvania, am held and firmly bound unto M. Eldred, Jr., of the said city, in the sum of sixteen thousand…

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Error to the District Court of Allegheny pounty. This was a judgment, in the penal sum of $16,000, entered on a bond and warrant of attorney in favour of M. Eldred, Jr., against Dr. Robert Hazlett, on the 26th June 1852. The following is a copy of the bond, &e.:— “ Know all men by these presents, that I, Robert Hazlett, M. D., of the city of Pittsburgh, state of Pennsylvania, am held and firmly bound unto M. Eldred, Jr., of the said city, in the sum of sixteen thousand dollars, to be paid to the said M. Eldred, Jr., certain attorney, heirs, executors, administrators, or assigns; to which…

1Opinion of the Court

The opinion of the court was delivered by

Thompson, J.

The first assignment of error on this record is, the refusal of the court to assent to the plaintiff’s first point. We think it is not sustained. A defence to the whole or a portion of the consideration of a bond may be made upon any grounds which may show that, ex cequo et bono, it should not be paid. This, resulting from the nature of the instrument, being non-negotiable and under seal, a party about to purchase such a security is bound, as a requisite to holding it discharged of existing equities between the original parties, to inquire…

2Cited by10 opinions

  1. Sharon v. MinnockNevada Supreme Court · 1871
  2. Allinger v. MelvinSupreme Court of Pennsylvania · 1934
  3. Hoffman v. Bloomsburg & Sullivan R. R.Supreme Court of Pennsylvania · 1893
  4. Janes v. BensonSupreme Court of Pennsylvania · 1893
  5. Stokes v. DeweesSuperior Court of Pennsylvania · 1904

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